Terms & Conditions

1. Definitions

For the purposes of these Terms and Conditions, the following terms are used as defined below:

• "Padu Legal", "we", "us", "our" — the legal practice operating under the name Padu Legal, registered in Penang, Malaysia under the Legal Profession Act 1976.
• "Client", "you", "your" — any individual or entity that engages or enquires about engaging Padu Legal for legal services.
• "Services" — construction contract advisory, payment dispute and adjudication services, and project dispute resolution and claims management services provided by Padu Legal.
• "Engagement Letter" — the written agreement issued by Padu Legal at the commencement of each matter, setting out scope, fees, and conditions specific to that engagement.
• "Website" — the Padu Legal website accessible at https://padulegal.sbs.
• "Agreement" — these Terms and Conditions, together with any applicable Engagement Letter.

2. Acceptance of Terms

By accessing our Website or submitting an enquiry, you acknowledge that you have read and understood these Terms and Conditions. A formal engagement relationship is established only upon execution of a written Engagement Letter signed by both parties.

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to engage our Services. By engaging Padu Legal, you represent that these conditions are met.

3. Description of Services

Padu Legal provides specialist legal services in the field of construction and engineering law in Malaysia, including:

• Review and drafting of construction contracts based on PAM, CIDB, or FIDIC standard forms
• Advisory and representation under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)
• Dispute management, claims preparation, and representation in arbitration or court proceedings

The specific scope of services for each engagement is set out in the relevant Engagement Letter. Padu Legal provides legal advice for matters governed by Malaysian law. Where matters involve foreign law elements, we will advise you accordingly.

4. Engagement Process and Conditions

Engagement Letter

All formal engagements begin with a written Engagement Letter. No legal work will be commenced until the Engagement Letter has been accepted in writing by the client and any required payment or deposit has been received.

Conflict of Interest

Prior to accepting any engagement, we conduct a conflict of interest check. If we identify a conflict that prevents us from acting, we will notify you promptly and, where appropriate, suggest alternative options for obtaining legal assistance.

Client Due Diligence

We are required under applicable law and professional regulations to verify the identity of clients and, in certain circumstances, the nature and source of funds. You agree to provide the information we reasonably request to satisfy these obligations.

5. Fees and Payment Terms

Fee Structure

Our indicative fees are as follows:

• Construction Contract Advisory: from RM 700 per engagement
• Payment Dispute & Adjudication (CIPAA): from RM 1,600 per engagement
• Project Dispute Resolution & Claims Management: from RM 3,100 per engagement

Final fees are confirmed in the Engagement Letter and may vary based on complexity, volume of documents, and the forum or proceedings involved. All fees are stated in Malaysian Ringgit (RM) and are exclusive of applicable taxes and disbursements unless otherwise stated.

Payment

Payment terms are set out in the Engagement Letter. We may require a deposit or payment on account before commencing work. Invoices are payable within 14 days of issue unless otherwise agreed in writing.

Disbursements

Out-of-pocket expenses incurred on your behalf (such as filing fees, court fees, expert witness fees, and courier charges) will be invoiced separately and are payable in addition to our professional fees.

Late Payment

We reserve the right to suspend work on a matter if invoices remain unpaid beyond the agreed payment period, after providing reasonable notice to you.

6. Client Responsibilities

To enable us to advise you effectively, you agree to:

• Provide accurate and complete information relevant to your matter
• Inform us promptly of any change in circumstances that may affect the advice we provide
• Respond to our communications within a reasonable time
• Review and consider all advice and documents provided to you before acting on them
• Not use our advice for purposes other than those for which it was given

Padu Legal is not responsible for any adverse outcome arising from incomplete or inaccurate information provided by the client.

7. Confidentiality

We treat all information received from clients as confidential. We will not disclose information about your matter to third parties without your consent, except as required by law, court order, professional regulation, or as necessary to carry out our instructions (for example, engaging an expert with your knowledge).

Our duty of confidentiality continues after the conclusion of an engagement.

8. Intellectual Property

All legal documents, written advice, submissions, and other materials prepared by Padu Legal remain our intellectual property until all fees have been paid in full. Upon full payment, you are granted a non-exclusive licence to use those materials for the purpose for which they were prepared.

You may not reproduce, distribute, or commercially exploit our work product without our prior written consent.

All website content, including text, design, and structure at https://padulegal.sbs, is the property of Padu Legal and may not be reproduced without permission.

9. Disclaimers

Legal advice is provided based on the facts you disclose and the law applicable at the time of the advice. The law may change, and past outcomes in similar matters do not indicate the likely result of your matter.

Information on our website is provided for general informational purposes and does not constitute legal advice. We recommend that you seek specific legal advice for your situation before taking any action.

We do not make any representation that specific outcomes will be achieved in your matter. The progression and outcome of legal proceedings depend on many factors outside our control.

10. Limitation of Liability

To the extent permitted by applicable law and professional regulations, our aggregate liability to you in connection with any engagement is limited to the fees paid by you to us for that engagement.

We shall not be liable for indirect, consequential, or special losses, including loss of profit, loss of opportunity, or reputational damage, even if we have been advised of the possibility of such losses.

Nothing in these Terms excludes liability for fraud, wilful misconduct, or any other liability that cannot lawfully be excluded under Malaysian law.

11. Termination of Engagement

By the Client

You may terminate our engagement at any time by written notice. You will remain responsible for all fees and disbursements incurred up to the date of termination.

By Padu Legal

We may terminate an engagement where: continued representation would cause us to breach our professional obligations; fees remain unpaid after reasonable notice; you have provided materially inaccurate information; or a conflict of interest arises that cannot be resolved.

Effect of Termination

Upon termination, we will take reasonable steps to avoid prejudice to your position and will provide you with your documents and materials subject to outstanding fees being settled.

12. Dispute Resolution and Governing Law

These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising from or in connection with these Terms shall first be addressed through direct discussion between the parties. If the dispute cannot be resolved informally within 30 days, either party may refer it to mediation or, failing that, to the courts of Malaysia.

The courts of Malaysia shall have exclusive jurisdiction over any dispute arising from these Terms or any engagement with Padu Legal.

13. General Provisions

• Entire Agreement: These Terms, together with the applicable Engagement Letter, constitute the entire agreement between the parties regarding the engagement.
• Severability: If any provision is found to be unenforceable, the remaining provisions continue in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• No Assignment: You may not assign your rights under an engagement to a third party without our prior written consent.
• Notice: Written communications should be addressed to [email protected] or to our office address below.

14. Changes to These Terms

We may update these Terms and Conditions periodically. Any changes will be posted on this page with a revised "Last Updated" date. Changes apply to new engagements commencing after the revised date. For ongoing engagements, material changes will be communicated directly to affected clients.

15. Contact Information

For questions regarding these Terms and Conditions, please contact us:

• Email: [email protected]
• Phone: +60 4-6438 2917
• Address: No. 8, Persiaran Bayan Indah, 11900 Bayan Lepas, Penang, Malaysia
• Office Hours: Monday to Friday, 9:00 AM – 5:30 PM; Saturday, 9:00 AM – 1:00 PM